2002-05-17 Police Commission Minutes

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Minutes — Regular Session May 17, 2002 Page 2 and didn't stop until he admitted to whatever the officer said he did. He was not drinking, that he knows of. He was handcuffed when the officer choked him. He did not drive away from the cops. He was already out of his car and had been there for 30 minutes to an hour. Corporation Counsel Ashida informed Mr. Schiszler that this portion of the meeting is public testimony. When the commission considers the case, they do it in closed session. During that session, they may wish to call back people in closed session. This is done because they might ask questions that might compromise a person's privacy rights. This is a public session and is being recorded. There is a possibility of prosecution in this matter, and now there is an impeachable statement, which is on the record, which could be used against his son. They are trying to protect his son's privacy. If the commission has questions, they will ask him privately. WILDA SCHMEISSNER came before the commission to speak on Complaint HPC 02 -11. On the day of the incident she was having a really rotten day, and her mind was full of a lot of stuff. She was walking down Alii Drive and was taking photos. She took photos of the officer, but it was not intended to harass her. Her middle finger was extended as she did exercises. She did not flip the officer off. Taking photos is not harassment. She spoke to Detective Moses Kaoiwi in Internal Affairs, and he told her it was not against the law to take pictures, and that she did not approach the police. He also said that even if she did flip the officer off, the officer should be more tolerant as being a cop. She did not look at the officer funny, did not go near her, did not threaten her, did not harass her, and did not seek her out. The citation said it was for harassment. The officer had previously issued two TROs to her. She has had a lot of TROs against her. She admitted to having a temper problem, and she did yell at the officer. JIM WILERSON came before the commission and stated that about eight months ago he purchased a motor home to use as a job site office. It was stored at Allied Cold Storage when it disappeared. He filed a report and placed an ad in West Hawaii Today and offered a reward. He mentioned to the cashier that it was probably somewhere in Ocean View Estates, and she said she would keep her eyes open. That night the cashier's husband called stating that he thought he knew where the motor home was in Ocean View. He went to Ocean View the next day and got there at about 8:00 a.m. He observed the motor home for about half an hour. He made the call to the police about an hour later at the home of the guy that called him. The officers showed up about 9:30. He didn't want to be around the guy, so he left and drove around for about 10 -15 minutes. As he was coming back to the property, he saw the suspect leaving. The officers left immediately after he got there, after the suspect had driven away. The officers explained that they had another call that they had to respond to. He understood it to be a burglary in progress. The officers came back later. He asked them to come into the motor home and asked if they had seen the drug paraphernalia and probably stolen TVs. One of the officers told him, "Jim, we never saw these TVs or VCR if you want to take them." He came unglued, and told them to get out of there. STATEMENTS ON AGENDA ITEMS (Executive Session) Commissioner Lambeth moved to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department where consideration of matters affecting privacy will be involved and a closed session is requested, and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities. The motion was seconded by Vice Chair Hara and